Recruitment posting
Environmental Appeals Board
Competition #: 441
Ministry : Environment and Parks
Opening Date : 2017/07/19
closing Date : 2017/08/09
Role : Board Member
It is recognized in Alberta as a fundamental principle and as a matter of public policy that all persons are equal. Diversity and inclusion are valued and supported on the boards of Alberta's public agencies.
The Minister of Environment and Parks is seeking applications from individuals interested in serving as a Board Member of Environmental Appeals Board. Multiple vacancies are to be filled. Board Members for the Environmental Appears Board also serve as Board Members of the Public Lands Appeal Board.
MISSION
The Environmental Appeals Board will advance the protection, enhancement, and wise use of Alberta’s environment by providing fair, impartial, and efficient resolution of all matters before it.
OVERVIEW
The Environmental Appeals Board (the Board) is a quasi-judicial tribunal established under the Environmental Protection and Enhancement Act, and it hears appeals under that Act, as well as the Water Act, the Climate Change and Emissions Management Act, and Schedule 5 of the Government Organization Act. The Board makes extensive use of mediation, which is the preferred approach to resolving appeals. Approximately 80% of appeals are resolved through mediation.
Where an appeal cannot be resolved through mediation, the Board uses a hearing process to resolve the appeal. When the hearing process is used, in most cases (approximately 90%) the Board prepares a report and recommendations for the Minister of Environment and Parks, who makes the final decision on the appeal. The Board makes the final decision on procedural matters and in certain types of appeals.
To ensure the Board provides the best possible advice to the Minister, Board Members shall:
• understand the respective roles and responsibilities of the Minister, the Board, and Alberta Environment and Parks;
• understand the role and operation of administrative tribunals;
• understand the environmental regulatory system in Alberta;
• understand environmental law and policy in Alberta;
• possess relevant technical, scientific, or public policy experience; and
• have a general understanding of the Environmental Protection and Enhancement Act, the Water Act, the Climate Change and Emissions Management Act, and the Administrative Procedures and Jurisdiction Act.
Board Members report to the Chair of the Board and must act in compliance with the Code of Conduct and Ethics established by the Board. The Chair reports to the Minister.
Additionally, the Chair of the Environmental Appeals Board now oversees the Public Lands Appeals Board (PLAB). The PLAB is a quasi-judicial tribunal established under the Public Lands Act and the Public Lands Administration Regulation to hear appeals of certain decision made by Alberta Environment and Parks in the administration of public land dispositions. As an adjudicative board, the PLAB must provide a fair, timely, and independent process for all parties. Board Members for the Environmental Appeals Board also serve as Board Members of Public Lands Appeal Board.
The purpose of the Board is to provide advice to the Minister of Environment and Parks on the resolution of appeals that are filed in response to certain decisions made by Alberta Environment and Parks.Under the direction of the Chair, Board Members will participate on hearing panels, complete extensive file preparation, review evidence and submissions, and make recommendations to the Minister to address the appeals.
Senior Board Members also chair hearing panels. Board Members also make use of mediation skills to resolve appeals. Mediation is the Board’s preferred way of resolving appeals, and the majority of the appeals that come before the Board are resolved through mediation.
All Board Members are provided with mediation training. The Board provides sound, practical advice in its reports and recommendations to the Minister who, in most cases, makes the final decision on an appeal. The Board’s advice to the Minister must reflect the policy and programs of Alberta Environment and Parks.
Further, the Board must exercise discretion and judgement within the bounds of applicable legislation, natural justice, and procedural fairness. The Minister’s decisions and the Board’s report and recommendations, are subject to court challenge. Board Members are accountable through the Board to the Minister; for upholding the transparency and accountability of the Board to the Government of Alberta; and acting honestly and in good faith reflecting the best interests of the Board within its legal, statutory, and regulatory framework.
MAJOR RESPONSIBILITIES
• Providing sound, practical advice to the Minister in response to appeals that come before the Board.
• Conducting multi-party mediation, within a regulatory context.
• Participating as a member of a hearing panel, assigned to specific appeals.
• Preparing for mediations, preliminary motions, and hearings by reviewing and analyzing documents.
• Participating in the decision-making process by listening, analyzing and weighing evidence, establishing findings of fact, interpreting and applying legislation and policy, and giving consideration to the submissions of the parties.
• Exercising the care, diligence, and skills of a reasonable and prudent Board Member.
CORE COMPETENCIES
- Commitment to serving the people of Alberta
- Integrity, impartiality, and freedom from bias
- Demonstrated interpersonal skills
- Knowledge of how administrative tribunals operate.
- Strong technical, scientific, or public policy background dealing with environmental or land use issues. A related university degree is generally required, and an advanced degree is preferred (equivalency will be considered).
- Understanding of environmental legislation and policy.
- Understanding of mediation.
This is a part-time position. Board Members are paid a per diem rate and expenses for attending to Board matters. The per diem rate and expenses are set in accordance with the Government of Alberta Committee Remuneration Order (OC466/2007)for attending to Board matters.
Board Members, other than the Chair, are paid based on the Committee Remuneration Order, which provides:
A member of a committee, other than the chair shall be paid:
(a) $164 for up to and including four hours in any day, or
(b) $290 for over four hours and up to and including eight hours in any day, or
(c) $427 for over eight hours in any day, spent on the business of the committee.
The estimated annual compensation for a Board Member is $12,000 and the estimated annual expenses associated for a Board Member is $3,000. The total annual remuneration (compensation and expenses) per Board Member is approximately $15,000. These amounts are derived from an average of the last 4 years.
Board Members, other than the Chair, are requested to be available on average 5 days per month for hearings, preliminary motions hearings, mediations, preparation work and panel meetings (generally, panel meetings are held by conference call). The Board holds one annual Board meeting for members and staff. Depending on the need, the Board meeting will be held for 2-3 days.
Training courses in a number of relevant areas (including mediation) are offered based on the member’s needs. The cost of the courses are borne by the Board and the member is compensated for attending training. The Board does not hold sub-committee meetings.
In addition to your cover letter and resume, we require a biography. Click HERE to download form.
Once your biography and other required form(s) are completed, save it to your PC. When you hit 'submit application', you will be prompted to upload additional documents. Drag and drop (or upload) your completed cover letter, biography and other form(s) into the 'Drop files below or click to upload' section before clicking the 'apply' button.
Interested parties are requested to contact Boyden’s Calgary office at 403-410-6700 or forward your resume and related materials in complete confidence to the posting on the Alberta Government Public Agency opportunities portal.
Boyden global executive search
Suite 1600, 250 – 6th Avenue SW
Calgary, Alberta
T2P 3H7
Carefully read the Recruitment Posting and the Position Profile to ensure this is an appropriate opportunity for you. Applicants are advised to provide information that clearly and concisely demonstrates how their qualifications meet the advertised requirements.
Online applications are preferred. To apply, click on the 'apply' button, create or sign into your account in the ePAAS system; upload your resume, view the listing under Current Opportunities and click on 'submit application'. The uploaded resume will be automatically attached.
Provide a short (maximum 200 words) biography using the Biography template found under additional documents section. Your biography should contain general information about your education, experience, community involvement, skills, etc. Please note that biographies may be edited for length and clarity.
Once your biography and other required form(s) are completed, save it to your PC. When you hit 'submit application', you will be prompted to upload additional documents. Drag and drop (or upload) your completed cover letter, biography and other form(s) into the 'Drop files below or click to upload' section before clicking the 'apply' button.
If you are unable to apply online, please submit a cover letter and resume, quoting the recruitment posting competition number, to the contact provided on the posting. We thank all applicants for their interest. All applications will be reviewed to assess which candidates' qualifications most closely match the agency's requirements. Only those selected for interviews will be contacted to advance to the next step in the appointment process. You can check the status of each competition on-line at https://www.alberta.ca/public-agencies.cfm.
All potential candidates will be screened for potential conflicts of interest. Please Note: Successful applicants will have the following information about them made publicly available on the Public Agency Secretariat Website: name, biography, public agency, and position title.